Restock Flippers Terms of Service
These Terms of Service
("Terms" or "Agreement") govern the access or use by you, an
individual user or viewer of applications, websites, content,
products, and services (the "Services") made available by Restock
Flippers, a private business established in the United States of
America ("Restock Flippers, "Us," or "We"). Restock Flippers owns
the domain and content located at https://Restock Flippers.com/. By
using the website, the related mobile website, and any mobile
application (collectively, the "Websites"), you agree to be bound by
these Terms of Service, whether or not you register as a member of
Restock Flippers ("Member"). If you wish to become a Member and/or
make use of the service (the "Service"), please read this agreement.
If you object to anything in this Agreement or the Restock Flippers
Privacy Policy, do not use the service.
Your access and
use of the Services constitute your agreement to be bound by these
Terms, which establishes a contractual relationship between you and
Restock Flippers. If you do not agree to these Terms, you may not
access or use the Services. These Terms expressly supersede prior
agreements or arrangements with you. Restock Flippers may
immediately terminate or modify these Terms or any Services
concerning you, or generally cease offering or deny access to the
Services or any portion thereof, at any time, effective upon posting
on the relevant website. Your continued use of the Websites and the
Service following Restock Flippers posting of revised terms of any
section of the Agreement will constitute your express and binding
acceptance of and consent to the revised agreement.
Restock
Flippers
Helping you increase your reselling profits!
PLEASE
READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING
VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE
THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement.
This agreement is an electronic contract that sets out the legally
binding terms of your use of the Websites and the Service. This
agreement may be modified by Restock Flippers from time to time,
such modifications to be effective upon posting by Restock Flippers
on the Websites. By accessing and/or using the Websites or becoming
a Member, you accept this agreement and agree to the terms,
conditions, and notices contained or referenced herein.
1. Access and Retention
To access and retain this electronic agreement, you must be at least
eighteen years of age or the age of legal majority in your
jurisdiction (if different than 18) or have permission by a parent
or legal guardian. You must have access to the Internet, either
directly or through devices that access web-based content, and pay
any service fees associated with such access. Account registration
requires you to submit to Restock Flipper's certain personal
information, such as your full name, e-mail, billing address, as
well as at least one valid payment method (either a credit card or
accepted payment partner). Your payment information is stored on the
secured third-party platform, STRIPE and users are encouraged to
read and review Stripe's terms of service and privacy policies. You
acknowledge that Restock Flippers is not liable for the safety and
security of payments and payment information through any third-party
platforms. You agree to maintain accurate, complete, and up-to-date
information in your account. Your failure to maintain accurate,
complete, and up-to-date Account information, including having an
invalid or expired payment method on file, may result in your
inability to access and use the Services or Restock Flippers'
termination of these Terms with you. You are responsible for all
activity that occurs under your account, and you agree to maintain
the security and secrecy of your Account username and password at
all times.
By posting or submitting any material on or through our websites
such as comments, posts, photos, images, videos, or other
contributions, you represent that you are the owner of all such
materials and that you are at least 18 years old.
2. Commercial Use of Service
If you are using the service and/or accessing the Websites on behalf
of a company, entity, or organization (collectively, a "Subscribing
Entity"), you represent and warrant that: a. You are an authorized
representative of the Subscribing Entity, and that you have the
authority to bind the Subscribing Entity to this Terms of Service;
b. You have read and understood this Terms of Service; and c. You
agree to this Terms of Service on behalf of the Subscribing
Entity.
Use of the Websites and Service is with the permission of Restock
Flippers, which may be revoked at any time, for any reason, in
Restock Flippers's sole discretion.
3. Account Security
You are responsible for maintaining the confidentiality of the
username and password that you designate during the registration
process, and you are fully responsible for all activities that occur
under your username and password. You agree to (a) immediately
notify Restock Flippers of any unauthorized use of your username or
password or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. Restock Flippers
will not be liable for any loss or damage arising from your failure
to comply with this provision. You should use particular caution
when accessing your account from a public or shared computer so that
others are not able to view or record your password or other
personal information. If you share your computer with others, you
may wish to consider disabling your auto-login feature if you have
it linked to your Restock Flippers account.
4. Your Use of the Websites
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or obtain, any
content from the Websites (the "Content") or any part of the
Websites unless given express permission by Restock Flippers.
c. You must not copy, republish, adapt, make available or otherwise
communicate to the public, display, perform, transfer, share,
distribute or otherwise use or exploit any Content on or from the
platform, except (i) where such content is created by you (such
material, "Your Content"), or (ii) as permitted under these Terms of
Service, and within the parameters set by the person or entity that
uploaded the content (the "Uploader").
d. You must not use any Content (other than Your Content) in any way
designed to create a separate content service or that replicates any
part of the Websites' offering.
e. You must not employ scraping or similar techniques to aggregate,
repurpose, republish, or otherwise make use of any Content.
f. You must not apply the use of bots, botnets, scripts, apps,
plugins, extensions, or other automated means to register accounts,
log-in, post comments, or otherwise to act on your behalf, mainly
where such activity occurs multiply or repetitively. You must not
offer or promote any such techniques or services to any other users
of the website.
g. You must not alter or remove, or attempt to alter or remove any
trademark, copyright, or other proprietary or legal notices
contained in, or appearing on, the Websites or any Content appearing
on the Websites (other than Your Content).
h. You must not, and must not permit any third party to, copy or
adapt the object code of the Websites, or reverse engineer, reverse
assemble, decompile, modify or attempt to discover any source or
object code of any part of the Websites, or circumvent or attempt to
circumvent or copy any copy protection mechanism or access any
rights management information about Content other than Your Content.
i. You must not use the Websites to upload, post, store, transmit,
display, copy, distribute, promote, make available, or otherwise
communicate to the public:
● any Content that is offensive, abusive, libelous, defamatory,
obscene, racist, sexually explicit, ethnically or culturally
offensive, indecent, that promotes violence, terrorism, or illegal
acts, incites hatred on the grounds of race, gender, religion or
sexual orientation, or is otherwise objectionable and unethical in
Restock Flippers's sole and reasonable discretion;
● any information, content or other material that violates,
plagiarizes, misappropriates or infringes on third parties' rights,
including, without limitation, copyright, trademark rights, rights
of privacy or publicity, confidential information or any other
right; or
● any Content that violates, breaches or is contrary to any law,
rule, regulation, court order or is otherwise is illegal or unlawful
in Restock Flippers's sole and reasonable opinion;
● any material of any kind that contains any virus, Trojan horse,
spyware, adware, malware, bot, time bomb, worm, or other harmful or
malicious components, which will or might overburden, impair or
disrupt the Websites or servers or networks forming part of, or
connected to, the Websites, or which does or might restrict or
inhibit any other user's use and enjoyment of the Websites; or
● any unsolicited or unauthorized advertising, promotional messages,
spam or any other form of solicitation.
j. You must not commit or engage in or encourage, induce, solicit or
promote, any conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law or
regulation.
k. You must not rent, sell or lease access to the Websites, or any
Content on the Websites, although this will not prevent you from
including links from Your Content to any legitimate online download
store from where any item of Your Content may be purchased.
l. You must not deliberately impersonate any person or entity or
otherwise misrepresent your affiliation with a person or entity, for
example, by registering an account in the name of another person or
company, or sending messages or making comments using the name of
another person.
m. You must not stalk, exploit, threaten, abuse, or otherwise harass
another user or any Restock Flippers employee or agent. If we feel
that your behavior towards any of our employees is threatening or
offensive, we reserve the right to terminate your membership
immediately, and you will not be entitled to any refund.
n. You must not sell or transfer or offer to sell or transfer any
Restock Flippers account to any third party without the prior
written approval of Restock Flippers.
o. You must not collect or attempt to collect personal data, or any
other information about other users, including without limitation,
through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate or
circumvent any data security measures employed by Restock Flippers
or any Uploader; access or attempt to access data or materials which
are not intended for your use; log into, or attempt to log into, a
server or account which you are not authorized to access; attempt to
scan or test the vulnerability of Restock Flippers's servers, system
or network or attempt to breach Restock Flippers's data security or
authentication procedures; attempt to interfere with the Websites or
the Services by any means including, without limitation, hacking
Restock Flippers's servers or systems, submitting a virus,
overloading, mail-bombing or crashing. Without limitation to any
other rights or remedies of Restock Flippers under these Terms of
Service, Restock Flippers reserves the right to investigate any
situation that appears to involve any of the above, and may report
such matters to, and cooperate with, appropriate law enforcement
authorities in prosecuting any users who have participated in any
such violations.
q. You must not act in any way that may violate integrated platforms
on the website, including but not limited to; Discord, Stripe, or
any other Third-Party Service's Terms of Service and Privacy
Policies. Restock Flippers has no responsibility or liability for
any User's conduct or misconduct on any Third-Party Platform,
including but not limited to Discord and Stripe.
5. Services & Rules
Restock Flippers Members will receive exclusive access to the chat
group facilitated through the online platform, Discord. Membership
provides information, tools, and education to obtain shoes,
clothing, and other retail goods. The chat group allows on-going
support within the Restock Flippers membership group.
Restock Flippers may increase it's licensed prices at any moment and
may/may not change certain restrictions on certain licenses (Yearly
/ Lifetime Licenses).
Restock Flippers' Yearly and Lifetime licenses' access to
information and tools may subject to change. Any changes may or may
not be accessible through extra payment monthly.
Restock Flippers "Lifetime" lasts as long as this service and/or
product lasts. We do not have a guarantee that this service will
last forever and/or lifetime.
Restock Flippers provides no express or implied warranty or
representation of any kind that members will sell goods or make a
profit. (See Section 15 below).
Restock Flippers is not responsible for the terms of service or
policies of any third-party platform or third-party vendor, nor is
Restock Flippers accountable for the acts, omissions, or liability
of any third-party.
Members must abide by the Restock Flippers Discord Chat rules set
out below:
Restock Flippers Discord Chat Rules
a) No spamming or flooding the chat with messages.
b) No bashing or heated arguments towards other members in the
conversation. Respect everyone.
c) No adult (18+), explicit, or controversial messages.
d) No racist or degrading content (racial terms are not allowed).
e) No advertising other sites/discord servers/services (Permission
must be requested from the Admins).
f) No offensive names.
g) Do not promote cracked bots or software.
h) Do not cause a nuisance in the community; repeated complaints
from several members will lead to administrative action.
i) Do not argue with administrators and/or moderators.
j) Do not troll.
k) Use commands at their designated channels (NO COMMAND SPAM!).
l) Do not share accounts; if we find out, we will ban your
account.
m) Do not spread false information; this could lead to an account
ban.
n) DO NOT SHARE INFORMATION FROM THE DISCORD.
o) NO TALKING ABOUT OLD GMAILS, no purchasing or acquiring bulk
Gmail accounts, as this constitutes impersonation and violates
discord rules of service.
Voice Chat-Specific Rules
a) No voice chat surfing or switching channels repeatedly.
b) No offensive, loud or high pitch noises.
c) Reduce the amount of background noise, if possible. Resort to
push to talk in your settings to reduce the issue.
d) You will be removed if sound quality is inferior to other
members.
We do not allow reselling of active Restock Flippers accounts or
keys ("keys" provide access to the Restock Flippers platform) or
selling Restock Flippers accounts on a burner Discord. Anyone caught selling or reselling
keys will be immediately banned from this service without a
refund.
Breaking any one of the rules mentioned above may result in a
temporary restriction of your account, and in case of repeated
rule-breaking, we reserve the right to impose a permanent ban on
your account or take such other action as we see fit. This may
include taking legal action and/or reporting offending users to the
relevant authorities if you infringe on another person's rights or
violate any law, rule, or regulation.
6. Payments and Refunds
Payments are made through Stripe, a third-party application, via
credit or debit card.
There are NO REFUNDS.
Stripe is a secured payment platform, and for the terms of service
and privacy policy, please visit the Stripe website directly.
7. Dispute Resolution Policy
Restock Flippers is committed to providing exceptional service. If a
dispute arises out of, or in connection with this agreement, the
parties agree to meet in person (or via online video conference)
with an objective third party to act as the mediator, to be selected
using a roster mediator in the United States of America to pursue
resolution through negotiation and mediation before resorting to
further legal recourse or litigation. If the dispute cannot be
resolved after 30 days of intervention, and in the event of legal
action, the prevailing party shall be entitled to recover all legal
fees and court costs from the other party. All legal action must
occur in the jurisdiction of the appropriate court located in the
United States of America.
You agree to comply with the above conditions and acknowledge and
agree that Restock Flippers has the right, in its sole discretion,
to terminate your account or take such other action as we see fit if
you breach any of the above conditions or any of the other terms of
these Terms of Service. This may include taking court action and/or
reporting offending users to the relevant authorities.
8. Term and Termination
This agreement will remain in full force and effect while you use
the Websites and/or service. You may terminate your membership
and/or subscription at any time by contacting us at
[email protected] If you resign or cancel your membership
and/or subscription to Restock Flippers, to help us analyze and
improve the service, you may be asked to provide a reason for your
resignation/cancellation. Restock Flippers may terminate your
membership and/or subscription for any reason by sending a notice to
you at the e-mail address you provide in your application for
membership, or such other e-mail address as you may later deliver to
Restock Flippers. If Restock Flippers terminates your membership in
the service because you have breached this agreement, you will not
be entitled to any refund. All decisions regarding the termination
of Accounts shall be made in the sole discretion of Restock
Flippers. Restock Flippers is not required to provide you notice
before terminating your membership and/or subscription. Restock
Flippers is not needed and may be prohibited, from disclosing a
reason for the termination of your account. Even after your
membership or subscription is terminated, this agreement will remain
in effect. All terms that by their nature may survive termination of
this agreement shall be deemed to survive such termination.
9. Modifications to Service
Restock Flippers reserves the right at any time to modify or
discontinue, temporarily or permanently, the service (or any part
thereof) with or without notice. You agree that Restock Flippers
shall not be liable to you or any third party for any modification,
suspension or discontinuance of the service.
10. Blocking of I.P. Addresses
To protect the Services' integrity, Restock Flippers reserves the
right at any time in its sole discretion to block Members from
specific I.P. addresses from accessing the Websites.
11. Content
a. Proprietary Rights.
Restock Flippers retains all proprietary rights in the Websites and
the Service. The Websites contain the copyrighted material,
trademarks, and other proprietary information of Restock Flippers
and its licensors. Except where we have given you express written
permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information. All
content on Restock Flippers is exclusive, and all information
exchange in the chat groups is confidential. Except where otherwise
specified in this agreement, all content is the copyrighted material
of Restock Flippers and for Restock Flippers's Members' use only.
Distribution of Content to others is strictly prohibited. You agree
that Restock Flippers would be irreparably harmed by any violation
or threatened violation of this section and that, therefore, Restock
Flippers shall be entitled to an injunction prohibiting you from any
breach or threatened violation of this section, without posting
bond, in addition to any other right or remedy it may have. We may
provide links to third-party websites, and some of the content
appearing on Restock Flippers may be supplied by third parties.
Restock Flippers has no responsibility for these third-party
websites or for their content, which is subject to and governed by
the Terms of Service and/or privacy policies of the applicable
third-party content providers.
b. Ownership of Your Content; Licenses.
You agree that any content you upload to the Websites and/or the
Service ("Your Content") is your own, and Restock Flippers is not
liable for any posted content, nor shall Restock Flippers own any of
the intellectual property of the content. When you submit to us or
post any comment, photo, image, video or any other submission for
use on or through our Websites, you are granting us, and anyone
authorized by us, license and authority to use, copy, modify,
transmit, sell, create derivative works from, distribute, and/or
publicly perform or display such contributions, in whole or in part,
in any manner or medium, now known or developed in the future, for
any purpose, and granting us the right to make it part of our
current or future Website and its Content. This non-exclusive
license allows us proprietary rights or intellectual property rights
under any relevant jurisdiction without any further permission from
you or compensation by us to you. You also grant us, and anyone
authorized by us, the right to identify you as the author of any of
your public comments, posts, photos, images, videos or other
contributions by name, e-mail address, or screen name. You
acknowledge that we have the right but not the obligation to use any
contributions from you and that we may elect to cease the use of any
such contributions on our website or in our content at any time for
any reason. Any Content other than Your Content is the property of
the relevant Uploader and may be subject to copyright, trademark
rights, or other intellectual property or proprietary rights. Such
content may not be downloaded, reproduced, distributed, transmitted,
re-uploaded, republished, displayed, sold, licensed, made available
or otherwise communicated to the public or exploited for any
purposes except via the features of the Websites from time to time
and within the parameters set by the Uploader on the service or with
the express written consent of the Uploader. Where you repost
another user's content or include another user's content, you
acquire no ownership rights whatsoever in that content. Subject to
the rights expressly granted in this section, all rights in the
material are reserved to the relevant Uploader.
12. Restrictions on Use of Materials
You acknowledge that Restock Flippers contains images, text, and
other content (collectively, "Intellectual Property") that is
protected by copyrights, patents, trademarks, trade secrets and/or
other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or
hereafter developed. All Intellectual Property is copyrighted under
the relevant copyright laws, and Restock Flippers owns a copyright
in the selection, coordination, arrangement, and enhancement of such
Intellectual Property. All trademarks appearing on these Websites
are trademarks of their respective owners. You may not modify,
publish, transmit, distribute, perform, participate in the transfer
or sale, create derivative works of, or in any way exploit, any of
the Intellectual Property, in whole or in part. When Intellectual
Property is downloaded to your computer, you do not obtain any
ownership interest in such Intellectual Property. Modification of
the Intellectual Property or use of the Intellectual Property for
any other purpose, including, but not limited to, the use of any
Intellectual Property in printed form or any other website or
networked computer environment strictly prohibited unless you
receive our prior written consent.
13. Copyright Policy
Restock Flippers prohibits the submission or posting of any
information that infringes or violates the copyright rights and/or
other intellectual property rights (including rights of privacy and
publicity) of any person or entity.
14. Limitation of Liability and Disclaimer
In no event shall Restock Flippers be liable for any damages
whatsoever, whether direct, indirect, general, special,
compensatory, consequential, and/or incidental, arising out of or
relating to the Websites or Service, or use thereof. Nothing
contained in these Websites or any written or oral communications
from Restock Flippers or its employees or agents shall be construed
to make any promise, covenant, or guaranty, all of which are
explicitly disclaimed at this moment, contrary to the statements and
disclaimers contained in this paragraph. The content and
functionality on the Websites and the Services provided by
employees, contractors or agents of the Websites are offered "as is"
without warranty of any kind, either express or implied, including,
without limitation, implied warranties of merchantability, fitness
for a particular purpose, title, and non-infringement. Restock
Flippers makes no warranties, express or implied, as to the
ownership, accuracy, completeness, or adequacy of the Websites'
content or that the functionality of the Websites will be
uninterrupted or error-free or free from virus or third-party
attack. You at this moment acknowledge that your use of the Websites
and the service is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL Restock Flippers, ITS OFFICERS, OWNERS,
EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND
ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY
OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES
OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT
LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE
WEBSITES, EVEN IF Restock Flippers HAS BEEN NOTIFIED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY
OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE
THAT IN NO EVENT WILL Restock Flippers HAVE ANY LIABILITY,
CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR
RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT
NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT,
TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK
STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR
FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER
DAMAGES OR LOSSES, EVEN IF Restock Flippers have BEEN ADVISED OF THE
POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY
(CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH
LIABILITY IS BASED.
15. Indemnity by You
You agree to indemnify and hold Restock Flippers, its subsidiaries,
affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including
reasonable attorneys' fees, arising out of or related to a. your use
of the service and/or Websites in violation of this agreement and/or
arising from a breach of this agreement, including without
limitation your representations and warranties set forth above;b.
any third party claim of infringement of copyright or other
intellectual property rights or invasion of privacy arising from the
hosting of Your Content on the Websites, or chat group and/or your
making available thereof to other users of the Websites, and/or the
actual use of Your Content by other users of the Websites or related
services under these Terms of Service and the parameters set by you
concerning the distribution and sharing of Your Content;c. any
activity related to your account, either by you or by any other
person accessing your account with or without your consent unless
the act of Restock Flippers caused such activity.
16. Our Privacy Policy can be viewed from here - https://pastebin.com/raw/ipZqrxVL.
17. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this
agreement, there shall be no third-party beneficiaries to this
agreement.
18. Governing Law
These Terms shall be exclusively governed by and construed under the
laws of the United States of America. In any judicial proceeding
involving a dispute arising from or concerning this agreement, the
parties agree to submit to the personal jurisdiction of the courts
located in the city of under the laws of the United States of
America.
19. Notice
Restock Flippers may give advice utilizing a general notification on
the Services, electronic mail to your e-mail address in your
account, or by written communication sent to your address as
outlined in your account. You may give the notice to Restock
Flippers by written communication to Restock Flippers's e-mail
address at [email protected]
20. Entire Agreement
This agreement contains the entire agreement between you and Restock
Flippers regarding the use of the Websites and/or the service.
21. Severability; Waiver
If any provision of this agreement is invalid by any court having
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this agreement,
which shall remain in full force and effect. No waiver of any term
of this agreement shall be deemed a further or continuing waiver of
such term or any other term. Also, Restock Flippers' failure to
enforce any term of this agreement shall not be deemed as a waiver
of such term or otherwise affect Restock Flippers's ability to apply
such term at any point in the future.
22. Headings
The section headings contained in this agreement are for reference
purposes only and shall not in any way affect the meaning or
interpretation of this agreement.
If you have any questions about these Terms of Service, please
contact us at [email protected]
Last Updated: August 2020
BY USING THE WEBSITE(S), YOU AGREE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. THE T.O.S. CAN
CHANGE AT ANY TIME, AND WE CAN ENFORCE IT HOWEVER WE WANT, IT IS UP
TO OUR DISCRETION ON A CASE BY CASE BASIS DEPENDING ON THE
SCENARIO.